Depression decisions — 2017

The Board has determined that the Veteran's cervical spine disability, lumbar spine disability, right foot disability, left shoulder disability, and acquired psychiatric disabilities were not incurred or aggravated by service. The claims are therefore denied.

The Veteran's depression is not service connected as there is no evidence of its onset during active duty and it is more likely related to her gynecological issues.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's depression has been rated at 30 percent since June 24, 2008. The Board finds that the current symptomatology warrants a higher rating of 50 percent.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the nature and etiology of his claimed conditions.

The Veteran's major depressive disorder has been rated at 70 percent since December 5, 2011. Prior to that date, her service-connected disabilities rendered her unable to secure or follow substantially gainful employment.,Prior to December 5, 2011, the Veteran was found to be unemployable due to her major depressive disorder.

The Veteran's PTSD symptomatology meets the criteria for a 70 percent evaluation.,Resolving all reasonable doubt in favor of the Veteran, the criteria for TDIU have been met as of August 11, 2016.

The Veteran's appeal is being remanded for additional development to determine the impact of his service-connected disabilities on his ability to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection for residuals of a traumatic brain injury, right shoulder strain, right ear hearing loss, and pain disorder with depression were received on March 4, 2011. The effective date assigned is March 4, 2011.,A claim for right shoulder strain was denied in January 2010 but the Veteran did not appeal this decision or submit new evidence within one year of the rating decision. A new claim for service connection for a right shoulder disability was received on March 4, 2011 and granted with an effective date of March 4, 2011.,The Veteran's claims for right ear hearing loss and pain disorder with depression were denied in January 2010. No new evidence was submitted within one year of the rating decision. A new claim for service connection for these disabilities was received on March 4, 2011 and granted with an effective date of March 4, 2011.,The Veteran's claims for residuals of a traumatic brain injury were denied in January 2010 but the Veteran did not appeal this decision or submit new evidence within one year of the rating decision. A new claim for service connection was received on March 4, 2011 and granted with an effective date of March 4, 2011.

The Veteran's PTSD symptoms have been rated at 70 percent since December 15, 2011 until July 28, 2014. This rating is based on the severity of his PTSD and concomitant Major Depressive Disorder.

The Veteran's claim for service connection for an acquired psychiatric disorder, including a depressive disorder claimed as secondary to service-connected disorders (and disorders for which service connection is claimed), was reopened. Service connection for sleep disturbance and residuals of a torn meniscus of the right knee were also granted with effective dates prior to February 11, 2013.

The Veteran's claim for an effective date prior to October 13, 2011 for the grant of service connection for a major depressive disorder is denied as there is no basis to assign an earlier effective date.

The Board has remanded the Veteran's claims for additional development to obtain medical opinions regarding his psychiatric conditions and left eye blindness. The Veteran is entitled to service connection for an acquired psychiatric disorder, but the nature of the disability and its onset are unclear. For his left eye blindness claim, VA must determine if it was caused by or related to a December 2004 procedure.

The Veteran's claims for increased ratings and TDIU were denied. The claim for an increased rating for major depressive disorder was not addressed as it is a separate issue.

The Board has decided to remand the case for a new psychiatric examination and etiological opinion, as well as additional development of the record.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depressive disorder, has been denied as there is no current diagnosis of PTSD in accordance with DSM-IV. The Board finds that the Veteran does not meet the criteria for a diagnosis of PTSD.

The Veteran's psychiatric disabilities, including generalized anxiety disorder and major depressive disorder, meet the criteria for a 70% rating since February 26, 2016. Effective August 24, 2010, he is now eligible for TDIU.

The Board has decided to remand the case for further development and an addendum opinion regarding the Veteran's psychiatric disorders, including anxiety, depression, and PTSD.

The Board denied the Veteran's claims for service connection for lumbar spine and right knee disabilities, as well as his claim for an acquired psychiatric disorder (bipolar II disorder, depression) and hypertension. The evidence did not establish a nexus between these conditions and service.

The Veteran's service-connected PTSD is associated with anxiety and depression, which are considered together under the General Rating Formula for Mental Disorders. The Board has granted service connection for adjustment disorder, anxiety disorder, and depression as separate diagnoses from his service-connected PTSD.